How the Maryland executor commission actually works
Maryland's structure is genuinely two-layered: a "reasonable compensation" entitlement underneath, and a hard percentage ceiling on top of it.
1. Reasonable compensation, capped by a table
Est. & Trusts § 7-601(a)(1): "A personal representative or special administrator is entitled to reasonable compensation for services." Subsection (b)(1) has the court allow "the commissions it considers appropriate," and (b)(2) caps that award: 9% of the first $20,000 of property subject to administration, plus 3.6% of the excess over $20,000. The table is the ceiling on a discretionary award — not a guaranteed percentage the way it might read at first glance.
2. The will can authorize more
§ 7-601(a)(2), (b)(1): if the will provides a stated compensation, "additional compensation shall be allowed if the provision is insufficient in the judgment of the court" — and separately, "unless the will provides a larger measure of compensation," the statutory table governs. In other words, a will that authorizes more than the statutory ceiling can displace it entirely.
3. Renunciation, any time
§ 7-601(a)(3): "The personal representative or special administrator may renounce at any time all or a part of the right to compensation." Unlike several other states, there's no "before qualifying" deadline tied to this — the renunciation can happen whenever the personal representative decides.
4. Attorney fees interact with the same ceiling
Est. & Trusts § 7-602: attorney compensation is separately governed by a "fair and reasonable" standard, not the same percentage table. But when the court allows a counsel fee, it must consider "what would be a fair and reasonable total charge for the cost of administering the estate," and cannot allow aggregate compensation (commission plus attorney fee together) in excess of that figure. In practice, for routine administration, this often ties the combined total back to the § 7-601 statutory rate. Riddleberger v. Goellen, 263 Md. 44 (1971), distinguishes "routine" administrative work (subject to this combined cap) from "extraordinary" matters like certain tax filings, which can be billed as additional services outside it.
5. Appeal window
Within 30 days, a personal representative, special administrator, or an unsuccessful objector may appeal the court's allowance to the circuit court, which can increase the commission (but never beyond the statutory table) or decrease it.
| Component | Maryland figure | Source |
|---|---|---|
| Commission on first $20,000 | Up to 9% | Est. & Trusts § 7-601(b)(2) |
| Commission above $20,000 | Up to 3.6% of the excess | Est. & Trusts § 7-601(b)(2) |
| Renunciation deadline | None — any time | Est. & Trusts § 7-601(a)(3) |
| Attorney fee + commission combined | Capped at a reasonable total for administration | Est. & Trusts § 7-602(c) |